(2) Each of the States of New South Wales and Victoria shall before the end
of June in each year forward a report to the Commission on the condition of
the portion of the catchment within its territory, the measures taken and work
carried out during the twelve months ending on the thirty-first day of March
immediately preceding and particulars of the measures and works proposed for
the next twelve months.
(3) The Commission shall from time to time inspect or cause to be inspected
such portions of the catchment of the Upper Murray Storage as it thinks fit
and may indicate at any time whether in its opinion the measures taken and
works carried out by the States for the protection of that catchment are
effective or otherwise and in the event of it being considered by the
Commission that any of such measures or works are ineffective the State
concerned shall take action insofar as may be practicable to make them
effective.
(4) In the event of it being considered by the Commission that there is need
for special action the State concerned shall investigate the position and take
such special action as may be required and authorized by the Commission.
(5) The measures and works referred to in Sub Clauses (1) and (3) of this
Clause shall be undertaken at the cost of the State or States concerned but
the cost of the special action referred to in Sub Clause (4) shall be met from
the Commission funds and the Commission may authorize the expenditure
involved.
28B. (1) The Commission may from time to time initiate proposals for the
better conservation and regulation of the River Murray Waters and flows, may
undertake preliminary investigations concerning such proposals, and may cause
to be carried out by the Constructing Authorities surveys and investigations
regarding the desirability and practicability of works or measures on or
adjacent to the River Murray or any of its tributaries above Albury or the
Darling River below Menindie other than works or measures provided for in the
preceding clauses of this Agreement and the cost of any such surveys and
investigations shall be met from the Commission funds. In the case of any such
works being regarded by the Commission as necessary or desirable the
Commission shall make recommendations to the Contracting Governments.
(2) The Contracting Governments may authorize the construction of any such
additional works as may be mutually agreed upon and the provisions of this
Agreement shall apply mutatis mutandis in respect of any such authorized
additional works and the said additional works shall be controlled by the
Commission provided however that in respect of any such work if so agreed by
the Contracting Governments of the cost of construction, operation and
maintenance may be borne by any one or more of the Contracting Governments in
such shares as may be mutually agreed upon.''.
9. CLAUSE 30 of the Principal Agreement as substituted by Clause 13 of the
second Amending Agreement is omitted and the following clause is inserted in
its stead:-
''30. If any one of the State Contracting Governments desires to carry out
on the River Murray any work other than the works provided for in the
preceding clauses of this Agreement either as a work of the State of such
State Contracting Government or as a joint work with another State Contracting
Government particulars of the proposal including plans of the proposed work
shall be submitted by such State Contracting Government or State Contracting
Governments to the Commission. The Commission may approve of such proposed
work with or without alteration and if the proposed work provides for the
storage of water or will affect the discharge, flow, use or control of water
in the River Murray the Commission may from time to time stipulate conditions
under which the said work shall be operated or controlled insofar as
regulation of the river flow may be affected and the whole cost of
construction operation and maintenance of such work shall be borne by the
State Contracting Government or State Contracting Governments concerned as may
be agreed upon between them and the State Contracting Government which
operates the work shall cause it to be operated or controlled in such manner
as may from time to time be required by the Commission.''.
10. CLAUSE 32 of the Principal Agreement as amended by Clause 14 of the
second Amending Agreement is further amended by omitting the words ''not to
exceed Twelve million pounds'' and inserting in their stead the words ''at
Fourteen million pounds''.
11. CLAUSE 47 of the Principal Agreement is amended (a) by inserting after
the word ''from'' (second occurring) the words ''its share of''; and (b) by
omitting the words ''town supply domestic and stock supply and other uses
within its territory from the main stream and to the Provisions of clause
fifty of this Agreement'' and inserting in their stead the words ''clauses
fifty and fifty-one of this Agreement''.
12. CLAUSE 48 of the Principal Agreement is omitted and the following clause
is inserted in its stead:-
''48. The quantity of water to be allowed to pass in each month for supply
to South Australia as set out in clause forty-nine of this Agreement shall be
contributed by New South Wales and Victoria in equal volumes PROVIDED HOWEVER
that these proportions may be varied in any month by agreement between the
Commissioners representing the States of New South Wales and Victoria.''.
13. CLAUSE 49 of the Principal Agreement is amended by adding at the end
thereof the words ''but notwithstanding the provisions of this clause the
Commission may from time to time at the request of South Australia vary any of
the monthly quantities set out above over a specific period subject to the sum
of the quantities passed to South Australia at Lake Victoria outlet at the
request of that State for any period of twelve months from June to May
inclusive not exceeding One million, Two hundred and fifty-four thousand acre
feet PROVIDED HOWEVER that monthly quantities in excess of those quantities
stated in this clause, or in excess of those monthly quantities as varied by
the Commission at the request of South Australia shall not be included for the
purpose of computing the annual delivery to South Australia.''.
14. CLAUSE 50 of the Principal Agreement is omitted and the following clause
is inserted in its stead:-
''50. After the completion of the works specified in clause twenty of this
Agreement the discharge from the Upper Murray Storage and the inflow to and
discharge from the Lake Victoria Storage shall be regulated to provide a
reserve of water in storage for use in dry years such reserve to be fixed from
time to time by and drawn upon at the discretion of the Commission PROVIDED
THAT the quantity of water so held in reserve shall be not less than Seven
hundred and fifty thousand acre feet at any time (of which not less than Two
hundred thousand acre feet shall be in the Lake Victoria Storage) unless the
Commission declares a period of restriction in pursuance of Clause fifty-one
of this Agreement in which case the said reserve may be drawn upon PROVIDED
HOWEVER that the volume in Lake Victoria may be reduced with a corresponding
reduction in the combined volume in both storages at times other than periods
of restriction if the Commission is satisfied that the supply to South
Australia from upstream will be sufficient to ensure that the full allocation
to the State can be met until the thirtieth day of June next ensuing and that
there will be a combined reserve at that date of Seven hundred and fifty
thousand acre feet including not less than Two hundred thousand acre feet in
the Lake Victoria storage.''.
15. CLAUSE 51 of the Principal Agreement as amended by Clause 19 of the
Second Amending Agreement is omitted and the following Clause is inserted in
its stead:-
''51. (1) The Commission may in a year of drought declare a period of
restriction and may vary the provisions of this Agreement respecting-
(a) The amounts of water to be used by New South Wales and Victoria and the
amount to be allowed to pass for supply to South Australia at the Lake
Victoria outlet; and
(b) The volumes to be held in reserve in the Upper Murray Storage and Lake
Victoria Storage; and
(c) The depth of water to be maintained at weirs and weirs and locks
constructed pursuant to this Agreement.
(2) During a declared period of restriction the amounts of water which the
States of New South Wales, Victoria and South Australia shall be entitled to
use each month from the River Murray (exclusive of its tributaries below
Albury) shall be in the following proportions:-
New South Wales . . . . . . . . . . one million,
Victoria . . . . . . . . . . . . . . one million,
South Australia . . . . . . . . . . six hundred and three thousand.
PROVIDED ALWAYS AND IT IS HEREBY AGREED that-
(a) The Commission may from time to time having regard to the volumes of
water in the Upper Murray Storage and the Lake Victoria Storage, the time of
the year, the requirements for irrigation in each of the States and any other
relevant circumstances, vary by declaration for a period not exceeding six
months at any one time the proportions set out above;
(b) The State of New South Wales or the State of Victoria may during any
month in a declared period of restriction use a greater amount of water from
the River Murray than provided in the abovementioned proportions PROVIDED that
the excess so utilized is contributed by the State concerned from a tributary
or tributaries of the River Murray below Albury the use of the said
tributaries being vested in the said States by clause forty-six of this
Agreement;
(c) The State of South Australia may during any month in a declared period
of restriction use a greater amount of water from the River Murray than
provided in the abovementioned proportion-
(i) if the flow in the River Murray is in excess of the quantity which
can be passed into Lake Victoria, in which event the greater amount which may
be used may be equal to the amount provided in the abovementioned proportion
together with the said excess; or
(ii) if the Commission considers that the flow in the River Murray is in
excess of the quantity which need be passed into Lake Victoria to raise the
level of that storage, in which event the State of South Australia may use a
greater amount equal to the amount provided in the abovementioned proportion
together with the whole of the said excess, PROVIDED however that the
Commission shall not arrange for such greater amount to be used if the reserve
storage in Lake Victoria is less than two hundred thousand acre feet.''.
16. CLAUSE 52 of the Principal Agreement is amended by inserting before the
word ''works'' the word ''State''.
IN WITNESS whereof the said parties to these presents have hereunto set
their hands and seals the day and year first abovewritten.
SIGNED SEALED AND DELIVERED by the abovenamed JOSEPH BENEDICT CHIFLEY in the
presence of:
J. H. GARRETT J. B. CHIFLEY (L.S.)
SIGNED SEALED AND DELIVERED by the abovenamed JOHN MARCUS BADDELEY in the
presence of:
P. H. ROPER J. M. BADDELEY (L.S.)
SIGNED SEALED AND DELIVERED by the abovenamed THOMAS TUKE HOLLWAY in the
presence of:
W. JUNGWIRTH T. T. HOLLWAY (L.S.)
SIGNED SEALED AND DELIVERED by the abovenamed THOMAS PLAYFORD in the presence
of:
E. L. BEAN T. PLAYFORD (L.S.)
-----------
RIVER MURRAY WATERS ACT 1915-1973 - THE FIFTH SCHEDULE
SCH
Added by No. 80, 1954, s. 6.
THE FIFTH SCHEDULE
THE THIRD FURTHER AMENDING AGREEMENT
AGREEMENT made the second day of November One thousand nine hundred and
fifty-four Between The Right Honourable Robert Gordon Menzies Prime Minister
of the Commonwealth of Australia for and on behalf of the Commonwealth of
Australia of the first part The Honourable John Joseph Cahill Premier of the
State of New South Wales for and on behalf of that State of the second part
The Honourable John Cain Premier of the State of Victoria for and on behalf of
that State of the third part and The Honourable Thomas Playford Premier of the
State of South Australia for and on behalf of that State of the fourth part:
WHEREAS on the ninth day of September One thousand nine hundred and fourteen
an Agreement was entered into by the Prime Minister of the Commonwealth of
Australia and the Premiers of the States of New South Wales, Victoria and
South Australia with regard to the economical use of the waters of the River
Murray and its tributaries for irrigation and navigation and to the
reconciling of the interests of the Commonwealth of Australia and the said
States which Agreement was ratified by the Parliament of the Commonwealth of
Australia and the Parliaments of the said States and which Agreement is in
this Agreement referred to as ''the Principal Agreement'':
AND WHEREAS by further Agreements dated the tenth day of August One thousand
nine hundred and twenty-three, the twenty-third day of July One thousand nine
hundred and thirty-four and the twenty-sixth day of November One thousand nine
hundred and forty-eight (in this Agreement respectively referred to as ''the
first Amending Agreement'', ''the second Amending Agreement'' and ''the third
Amending Agreement'') all made between the Prime Minister of the Commonwealth
of Australia and the Premiers of the States of New South Wales, Victoria and
South Australia certain provisions of the Principal Agreement were modified:
AND WHEREAS the first Amending Agreement, the second Amending Agreement and
the third Amending Agreement were all subsequently ratified by the Parliament
of the Commonwealth of Australia and by the Parliaments of the said States:
AND WHEREAS at a Conference between The Honourable Wilfred Selwyn Kent
Hughes Minister for Works of the Commonwealth of Australia The Honourable John
Brophy Renshaw Minister for Public Works and Local Government of the State of
New South Wales The Honourable Ambrose George Enticknap Minister for
Conservation of the State of New South Wales The Honourable Clive Philip
Stoneham Minister for Water Supply of the State of Victoria and The Honourable
Malcolm McIntosh Minister of Works of the State of South Australia held on the
nineteenth day of July, One thousand nine hundred and fifty-four, certain
resolutions were agreed to with a view to further modifying certain of the
provisions of the Principal Agreement as amended by the first Amending
Agreement, the second Amending Agreement and the third Amending Agreement:
NOW IT IS HEREBY FURTHER AGREED as follows:-
I. RATIFICATION AND ENFORCEMENT
1. THIS Agreement is subject to ratification by the Parliaments of the
Commonwealth of Australia and of the States of New South Wales Victoria and
South Australia and shall come into effect when so ratified.
2. THE Contracting Governments hereby agree to submit this Agreement for
ratification to the respective Parliaments of the Commonwealth of Australia
and of the said States during the present session of any such Parliament or if
any such Parliament is not in session at the date of this Agreement then at
the first session of that Parliament held after the date of this Agreement.
3. EACH of the Contracting Governments so far as its jurisdiction extends
and so far as it may be necessary shall provide for or secure the execution
and enforcement of the provisions of this Agreement and any Acts ratifying
it.
4. ON and after the date of ratification of this Agreement the Principal
Agreement as amended by the first Amending Agreement, the second Amending
Agreement and the third Amending Agreement shall be read and construed as if
the amendments made by this Agreement were incorporated in the Principal
Agreement as so amended.
II. AMENDMENT OF PRINCIPAL AGREEMENT AS AMENDED BY FIRST, SECOND
AND
THIRD AMENDING AGREEMENTS
5. CLAUSE 20 of the Principal Agreement as amended by clause 5 of the second
Amending Agreement and clause 7 of the third Amending Agreement is further
amended-
(a) by omitting paragraph (i) and inserting in its stead the following
paragraph:-
''(i) the provision of a storage on the upper River Murray (in this
Agreement referred to as the 'Upper Murray Storage') with a capacity of
approximately two and one-half million acre feet of water and with a roadway
along the top of the containing dam;''; and
(b) by inserting after paragraph (v) the following new paragraph:-
''(vi) the construction or execution of such works or work on the River
Murray between Tocumwal and Echuca and on the effluents of that river between
those two points as the Commission from time to time determines as necessary
to prevent the loss of the regulated flow of the river.''
6. CLAUSE 32 of the Principal Agreement is omitted and the following clause
is inserted in its stead:-
''32. The cost of carrying out the works mentioned in clause twenty of this
Agreement is estimated at Nineteen million seven hundred and fifty thousand
pounds and shall be borne by the Contracting Governments in equal shares
PROVIDED ALWAYS that, in the event of a contribution or contributions being
received from the Snowy Mountains Hydro-electric Authority towards the cost of
the works necessary to increase the capacity of the Upper Murray Storage from
approximately two million acre feet of water to approximately two and one-half
million acre feet of water, that contribution or those contributions shall be
applied in reduction of the amounts which would otherwise have been
contributed jointly by the Contracting Governments pursuant to this clause
towards the cost of the works mentioned in clause 20 of this Agreement.''
7. CLAUSE 50 of the Principal Agreement is omitted and the following clause
is inserted in its stead:-
''50. After the completion of the works specified in clause 20 of this
Agreement, other than those specified in paragraph (vi) of that clause, the
discharge from the Upper Murray Storage and the inflow to and discharge from
the Lake Victoria Storage shall be regulated to provide a reserve of water in
storage for use in dry years, that reserve to be fixed from time to time by,
and drawn upon at the discretion of, the Commission PROVIDED THAT the quantity
of water so held in reserve shall be not less than one million acre feet at
any time (of which not less than two hundred thousand acre feet shall be in
the Lake Victoria Storage) unless the Commission declares a period of
restriction in pursuance of clause fifty-one of this Agreement in which case
the said reserve may be drawn upon PROVIDED FURTHER HOWEVER that the volume in
Lake Victoria may be reduced with a corresponding reduction in the combined
volume in both storages at times other than periods of restriction if the
Commission is satisfied that the supply to South Australia from upstream will
be sufficient to ensure that the full allocation to that State can be met
until the thirtieth day of June next ensuing and that there will be a combined
reserve at that date of one million acre feet including not less than two
hundred thousand acre feet in the Lake Victoria Storage.''
IN WITNESS whereof the said parties to these presents have hereunto set
their hands and seals the day and year first above-written.
SIGNED SEALED AND DELIVERED by the abovenamed ROBERT GORDON MENZIES in the
presence of:
G. J. YEEND ROBERT G. MENZIES
(L.S.)
SIGNED SEALED AND DELIVERED by the abovenamed JOHN JOSEPH CAHILL in the
presence of:
W. A. GLEESON J. J. CAHILL
(L.S.)
SIGNED SEALED AND DELIVERED by the said JOHN CAIN in the presence of:
L. R. EAST JOHN CAIN
(L.S.)
SIGNED SEALED AND DELIVERED by the said THOMAS PLAYFORD in the presence of:
L. F. LODER T. PLAYFORD
(L.S.)
-----------
RIVER MURRAY WATERS ACT 1915-1973 - THE SIXTH SCHEDULE
SCH
Added by No. 82, 1958, s. 6.
THE SIXTH SCHEDULE
THE FOURTH FURTHER AMENDING AGREEMENT
AGREEMENT made the eleventh day of September One thousand nine hundred and
fifty-eight Between The Right Honourable Robert Gordon Menzies, Prime Minister
of the Commonwealth of Australia for and on behalf of the Commonwealth of
Australia, of the first part, The Honourable John Joseph Cahill, Premier of
the State of New South Wales for and on behalf of that State, of the second
part, The Honourable Henry Edward Bolte, Premier of the State of Victoria for
and on behalf of that State, of the third part, and The Honourable Sir Thomas
Playford, G.C.M.G., Premier of the State of South Australia for and on behalf
of that State, of the fourth part.
WHEREAS on the ninth day of September One thousand nine hundred and fourteen
an Agreement was entered into by the Prime Minister of the Commonwealth of
Australia and the Premiers of the States of New South Wales, Victoria and
South Australia with regard to the economical use of the waters of the River
Murray and its tributaries for irrigation and navigation and to the
reconciling of the interests of the Commonwealth of Australia and the said
States which Agreement was ratified by the Parliament of the Commonwealth of
Australia and the Parliaments of the said States and which Agreement is in
this Agreement referred to as ''the Principal Agreement'':
AND WHEREAS by further Agreements dated the tenth day of August One thousand
nine hundred and twenty-three, the twenty-third day of July One thousand nine
hundred and thirty-four, the twenty-sixth day of November One thousand nine
hundred and forty-eight and the second day of November One thousand nine
hundred and fifty-four (in this Agreement respectively referred to as ''the
first Amending Agreement'', ''the second Amending Agreement'', ''the third
Amending Agreement'' and ''the fourth Amending Agreement'') all made between
the Prime Minister of the Commonwealth of Australia and the Premiers of the
States of New South Wales, Victoria and South Australia certain provisions of
the Principal Agreement were modified:
AND WHEREAS the first Amending Agreement, the second Amending Agreement, the
third Amending Agreement and the fourth Amending Agreement were all
subsequently ratified by the Parliament of the Commonwealth of Australia and
by the Parliaments of the said States:
NOW IT IS HEREBY FURTHER AGREED as follows:-
I. RATIFICATION AND ENFORCEMENT
1. This Agreement is subject to ratification by the Parliaments of the
Commonwealth of Australia and of the States of New South Wales, Victoria and
South Australia, and shall come into effect when so ratified.
2. The Contracting Governments hereby agree to submit this Agreement for
ratification to the respective Parliaments of the Commonwealth of Australia
and of the said States during the present session of any such Parliament or if
any such Parliament is not in session at the date of this Agreement then at
the first session of that Parliament held after the date of this Agreement.
3. Each of the Contracting Governments so far as its jurisdiction extends
and so far as it may be necessary shall provide for or secure the execution
and enforcement of the provisions of this Agreement and any Acts ratifying
it.
4. On and after the date of ratification of this Agreement, the Principal
Agreement as amended by the first Amending Agreement, the second Amending
Agreement, the third Amending Agreement and the fourth Amending Agreement
shall be read and construed as if the amendments made by this Agreement were
incorporated in the Principal Agreement as so amended.
II. AMENDMENT OF PRINCIPAL AGREEMENT AS AMENDED BY FIRST, SECOND,
THIRD AND FOURTH AMENDING AGREEMENTS
5. CLAUSE 45 of the Principal Agreement is amended by adding at the end
thereof the following sub-clauses:-
''(2) (a) The quantity of water diverted from the Tooma River to the
Adaminaby Storage and the Tumut River by the works of the Authority shall be
deemed to be water diverted by works of the States of New South Wales and
Victoria from a stream above Albury, and to have been so diverted as to
one-half by works of each of those States.
(b) Either the State of New South Wales or the State of Victoria may allow
to flow into the River Murray from any convenient source a quantity of water
as replacement in whole or in part of the quantity of water deemed by
paragraph (a) of this sub-clause to have been diverted by it, and the quantity
so deemed to have been diverted by it shall be reduced by the quantity so
replaced.
The rights conferred by this paragraph shall be supplementary to and not in
substitution for the rights conferred by clauses forty-six, forty-seven and
forty-eight of this Agreement.
''(3) Until such time as the necessary works have been constructed to enable
water diverted from the Tooma River to the Adaminaby Storage and to the Tumut
River to be replaced by water diverted from the Snowy River to a stream
feeding or joining the River Murray above Hume Reservoir-
(a) The State of Victoria shall be entitled in each month to divert and use
from the River Murray a volume of water equal to one-half of the quantity of
water so diverted from the Tooma River in the preceding month. In order to
enable that diversion and use, the State of New South Wales shall provide from
the Murrumbidgee River a volume of water equivalent to one-half of the
quantity so diverted from the Tooma River which volume shall, for the purpose
of meeting the obligations of the State of Victoria under this Agreement, be
treated in all respects as if it had been contributed by a tributary of the
River Murray in the territory of Victoria joining that River below Albury.
(b) The quantities of water to be allocated to the States of New South
Wales, Victoria and South Australia for use from the River Murray (exclusive
of its tributaries below Albury) during any period of restriction declared
pursuant to clause 51 of this Agreement shall be not less than the quantities
which would have been available to those States if there had been no diversion
of the waters of the Tooma River during or prior to that period of
restriction.''.
6. CLAUSE 47 of the Principal Agreement as amended by the third Amending
Agreement is amended by deleting the words ''clauses fifty and fifty-one'' and
substituting the words ''clause fifty''.
7. CLAUSE 51 of the Principal Agreement as substituted by clause 15 of the
third Amending Agreement is omitted and the following clause is inserted in
its stead:-
''51. (1) The Commission may in a year of drought declare a period of
restriction.
''(2) Without prejudice to the last preceding sub-clause, the Commission
shall declare a period of restriction when the quantity of water held in
reserve in the Upper Murray Storage and the Lake Victoria Storage falls to one
million acre feet unless the Commission resolves that it is not necessary to
do so.
''(3) When a period of restriction has been declared by the Commission
pursuant to this clause, the Commission may vary the provisions of this
Agreement respecting-
(a) the volumes of water to be held in reserve in the Upper Murray Storage
and the Lake Victoria Storage; and
(b) the depth of water to be maintained at weirs and weirs and locks
constructed pursuant to this Agreement.
''(4) As soon as practicable after a period of restriction has been declared
and from time to time during that period, the Commission shall-
(a) determine the quantity of Murray water;
(b) determine the quantity of water which is to be allowed-
(i) for losses by evaporation, percolation and lockages other than
losses under sub-paragraph (ii) of this paragraph, and
(ii) for losses by evaporation, percolation and lockages in the River
from Lake Victoria outlet to the River mouth, but not including Lakes
Alexandrina and Albert, and
(iii) for dilution within South Australia;
(c) having regard to its determinations under paragraphs (a) and (b) of
this sub-clause, determine the quantity of water to be made available for use
during each month by the contracting States.
The quantity determined in accordance with this paragraph is in this
clause referred to as 'the available water'.
''(5) For the purposes of this clause, 'Murray water' means-
(a) the water stored in the Upper Murray Storage at the time the Commission
makes its determination;
(b) the water stored in Lake Victoria Storage at the time the Commission
makes its determination;
(c) the water in the weir pools at the time the Commission makes its
determination; and
(d) (i) where the determination is made after works of the Authority have
been constructed to enable water to be diverted from the Tooma River to the
Adaminaby Storage and the Tumut River but before works of the Authority have
been constructed to enable water so diverted to be replaced by water diverted
from the Snowy River to a stream feeding or joining the River Murray above
Hume Reservoir-the flow during the period of restriction of the River Murray
above the Upper Murray Storage and its tributaries above Albury including
waters diverted during the period of restriction from the Tooma River to the
Adaminaby Storage and to the Tumut River by works of the Authority;
(ii) where the determination is made after works of the Authority have
been constructed to enable water diverted from the Tooma River to the
Adaminaby Storage and to the Tumut River to be replaced by water diverted from
the Snowy River to a stream feeding or joining the River Murray above Hume
Reservoir-the flow during the period of restriction of the River Murray above
the Upper Murray Storage and its tributaries above Albury, excluding water
diverted from the Tooma River to the Adaminaby Storage and the Tumut River but
including any waters coming into the River Murray and its tributaries above
Albury by reason of the permanent works of the Authority.
''(6) During a declared period of restriction, the available water shall be
divided between the State Contracting Governments in the following
proportions-
New South Wales . . . . . . . . . . . one million,
Victoria . . . . . . . . . . . . . . . one million,
South Australia . . . . . . . . . . . six hundred and three
thousand,
and each of those Governments shall be entitled to use each month from the
River Murray (exclusive of its tributaries below Albury) its monthly share as
so ascertained of the available water, but the quantities used by New South
Wales and Victoria may be varied in any month by agreement between the
Commissioners representing those States and without affecting South
Australia's share.
''(7) New South Wales and Victoria shall each have the full use during a
declared period of restriction of all tributaries of the River Murray within
their respective territories below Albury, and shall have the right to divert,
store and use the flows thereof and the right below the confluence with the
River Murray of any such tributary to use each month in a declared period of
restriction from the River Murray, in addition to the share of the available
water to which each of the said States is respectively entitled under
sub-clause (6) of this clause, volumes equivalent to those arriving at the
place of diversion during that month as the result of contribution by each
such tributary.
''(8) The States of New South Wales and Victoria shall be entitled, during
any month in a declared period of restriction, to use from any portion of the
River Murray below Albury water in excess of the quantity to which they are
entitled under sub-clauses (6) and (7) of this clause provided that a quantity
equal to the excess so used is contributed by the State concerned from a
tributary or tributaries of the River Murray below Albury.
In the exercise of the rights conferred by this sub-clause, neither such
State shall take additional water to an extent which would prejudice the
rights of either of the other States parties to this Agreement. In the event
of disagreement between the Commissioners representing New South Wales and
Victoria as to the quantity of water to be used or as to the manner of such
contribution, the matter shall be determined by the Commission by a majority
vote.
''(9) The quantity of available water which the State of South Australia is
entitled to receive in any month shall be made up of water allowed to pass to
South Australia, and water returned from Lake Victoria; and the quantity to
which that State is entitled shall be measured as at the point in the River
Murray immediately below the confluence of the Rufus River and the River
Murray. In addition to its share of the available water, the State of South
Australia shall be entitled to the quantity determined by the Commission
pursuant to sub-paragraphs (ii) and (iii) of paragraph (b) of sub-clause (4)
of this clause.
''(10) (a) New South Wales and Victoria shall each have the right during a
period of restriction to divert, store and use the flows of the tributaries of
the River Murray within their respective territories above Albury subject to
deduction from either State's share of the available water of volumes
equivalent to those that that State by its works so diverts, stores or uses
from time to time during the period of restriction.
(b) Either the State of New South Wales or the State of Victoria may allow
to flow into the River Murray from any convenient source a quantity of water
as replacement in whole or in part of the quantity of water diverted by it
pursuant to this sub-clause, and the amount of the deduction to be made
pursuant to the last preceding paragraph shall be reduced by the quantity so
replaced.
''(11) The Commission may from time to time, having regard to the volumes of
water in the Upper Murray Storage and the Lake Victoria Storage, the time of
the year, the requirements for irrigation in each of the States and any other
relevant circumstances, vary by declaration for a period not exceeding six
months at any one time the proportions set out in sub-clause (6) of this
clause.
''(12) The State of South Australia may during any month in a declared
period of restriction use a greater amount of water from the River Murray than
that to which it is entitled under sub-clause (6) of this clause-
(a) if the flow in the River Murray is in excess of the quantity which can
be passed into Lake Victoria, in which event the greater amount which may be
used may be equal to the amount provided in that sub-clause together with the
said excess; or
(b) if the Commission considers that the flow in the River Murray is in
excess of the quantity which need be passed into Lake Victoria to raise the
level of that storage, in which event the State of South Australia may use a
greater amount equal to the amount to which it is entitled under sub-clause
(6) of this clause together with the whole of the said excess, but the
Commission shall not arrange for such greater amount to be used if the reserve
storage in Lake Victoria is less than two hundred thousand acre feet.
''(13) The provisions of this Part other than this clause shall not, except
as hereinafter provided, operate during a declared period of restriction.
The provisions of clause 50 shall continue in force during a declared period
of restriction but may be modified as provided in this clause.
The provisions of paragraph (b) of sub-clause (3) of clause 45 shall have
effect during a declared period of restriction.''.
8. CLAUSE 61 of the Principal Agreement as amended by the second Amending
Agreement is amended by inserting after the definition of ''State Contracting
Governments'' the following definitions:-
'' 'the Authority' means the Snowy Mountains Hydro-electric Authority; and
'the Snowy Mountains Agreement' means the agreement made between the
Commonwealth, New South Wales and Victoria on the eighteenth day of September
One thousand nine hundred and fifty-seven, and the agreement between the same
parties made on the fourteenth day of December One thousand nine hundred and
fifty-seven, both of which agreements are set out in schedules to the Snowy
Mountains Hydro-electric Power Act 1949-1958 of the Commonwealth.''
III. OPERATION OF THIS AGREEMENT
9. The Principal Agreement is amended by inserting next after Part IX the
following new Part:-
''IXA. Effect of Snowy Mountains Agreement
''60A. (1) This Agreement shall operate according to its tenor to define the
rights to water in the River Murray and its tributaries of the States of New
South Wales, Victoria and South Australia.
''(2) The provisions as to sharing of waters contained in this Agreement
shall apply to the exclusion of the provisions contained in sub-clause (2) of
clause 12 of the Snowy Mountains Agreement.
''(3) To the extent to which any provision of this Agreement conferring
rights on the State of South Australia to the use of water are inconsistent
with the provisions of the Snowy Mountains Agreement, the first mentioned
provision shall prevail, and the provisions of the Snowy Mountains Agreement
shall be modified accordingly.
''(4) Except to the extent provided in sub-clauses (2) and (3) of this
clause, the Snowy Mountains Agreement shall continue in full force and
effect.''.
IN WITNESS whereof the said parties to these presents have hereunto set
their hands and seals the day and year first above-written.
SIGNED SEALED AND DELIVERED by the above-named ROBERT GORDON MENZIES in
the presence of:
RONALD MENDELSOHN ROBERT G. MENZIES
(L.S.)
SIGNED SEALED AND DELIVERED by the above-named JOHN JOSEPH CAHILL in the
presence of:
K. N. COMMENS J. J. CAHILL
SIGNED SEALED AND DELIVERED by the above-named HENRY EDWARD BOLTE in the
presence of:
THOMAS F. MORNANE HENRY E. BOLTE
(L.S.)
SIGNED SEALED AND DELIVERED by the above-named SIR THOMAS PLAYFORD in the
presence of:
R. R. St. C. CHAMBERLAIN T. PLAYFORD
(L.S.)
-----------
RIVER MURRAY WATERS ACT 1915-1973 - THE SEVENTH SCHEDULE
SCH
Added by No. 98, 1963, s. 6.
THE SEVENTH SCHEDULE
THE FIFTH FURTHER AMENDING AGREEMENT
AN AGREEMENT made the eighth day of October One thousand nine hundred and
sixty-three Between The Right Honourable Sir Robert Gordon Menzies, Prime
Minister of the Commonwealth of Australia for and on behalf of the
Commonwealth of Australia, of the first part, The Honourable Robert James
Heffron, Premier of the State of New South Wales for and on behalf of that
State, of the second part, The Honourable Henry Edward Bolte, Premier of the
State of Victoria for and on behalf of that State, of the third part, and The
Honourable Sir Thomas Playford, Premier of the State of South Australia for
and on behalf of that State, of the fourth part:
WHEREAS on the ninth day of September One thousand nine hundred and fourteen
an agreement was entered into by the Prime Minister of the Commonwealth of
Australia and the Premiers of the States of New South Wales, Victoria and
South Australia with regard to the economical use of the waters of the River
Murray and its tributaries for irrigation and navigation and to the
reconciling of the interests of the Commonwealth of Australia and the said
States, which agreement was ratified by the Parliament of the Commonwealth of
Australia and the Parliaments of the said States and is in this Agreement
referred to as ''the Principal Agreement'':
AND WHEREAS by further agreements dated the tenth day of August One thousand
nine hundred and twenty-three, the twenty-third day of July One thousand nine
hundred and thirty-four, the twenty-sixth day of November One thousand nine
hundred and forty-eight, the second day of November One thousand nine hundred
and fifty-four and the eleventh day of September One thousand nine hundred and
fifty-eight (in this Agreement respectively referred to as ''the first
Amending Agreement'', ''the second Amending Agreement'', ''the third Amending
Agreement'', ''the fourth Amending Agreement'' and ''the fifth Amending
Agreement'') all made between the Prime Minister of the Commonwealth of
Australia and the Premiers of the States of New South Wales, Victoria and
South Australia certain provisions of the Principal Agreement were modified:
AND WHEREAS the first Amending Agreement, the second Amending Agreement, the
third Amending Agreement, the fourth Amending Agreement and the fifth Amending
Agreement were all subsequently ratified by the Parliament of the Commonwealth
of Australia and by the Parliaments of the said States:
NOW IT IS HEREBY FURTHER AGREED as follows:-
I. RATIFICATION AND ENFORCEMENT
1. This Agreement is subject to ratification by the Parliaments of the
Commonwealth of Australia and of the States of New South Wales, Victoria and
South Australia, and shall come into effect when so ratified.
2. The Contracting Governments hereby agree to submit this Agreement for
ratification to the respective Parliaments of the Commonwealth of Australia
and of the said States during the present session of any such Parliament or if
any such Parliament is not in session at the date of this Agreement then at
the first session of that Parliament held after the date of this Agreement.
3. Each of the Contracting Governments so far as its jurisdiction extends
and so far as it may be necessary shall provide for or secure the execution
and enforcement of the provisions of this Agreement and any Acts ratifying
it.
4. On and after the date of ratification of this Agreement the Principal
Agreement, as amended by the first Amending Agreement, the second Amending
Agreement, the third Amending Agreement, the fourth Amending Agreement and the
fifth Amending Agreement, shall be read and construed as if the amendments
made by this agreement were incorporated in the Principal Agreement as so
amended.
II. AMENDMENT OF PRINCIPAL AGREEMENT AS AMENDED BY FIRST, SECOND,
THIRD, FOURTH AND FIFTH AMENDING AGREEMENTS
5. Clause 6 of the Principal Agreement is amended by deleting the words
''subject to clause 44 of this Agreement''.
6. Clause 7 of the Principal Agreement is amended by adding the words ''or
except as provided in sub-clause (8) of clause 51 of this Agreement'' at the
end of the clause.
7. Clauses 19, 20, 23, 28A, 32, 45 and 50 of the Principal Agreement are
amended by substituting the words ''Hume Reservoir'' for the words ''Upper
Murray Storage'' wherever occurring.
8. Clause 20 of the Principal Agreement is amended by inserting after
paragraph (ii) the following new paragraph:-
''(iia) the provision of a storage (in this Agreement referred to as ''the
Chowilla Reservoir'') on the River Murray between Renmark and Wentworth with a
capacity of approximately four and three-quarter million acre feet of water
and with a roadway along the top of the containing dam (in this Agreement
referred to as ''the Chowilla Dam'') and with provision for vessels drawing
four feet six inches of water to pass.''
9. Clauses 22 and 27 of the Principal Agreement are amended by substituting
for the words ''five feet of water'' the words ''four feet six inches of
water'' wherever occurring.
10. Clause 25 of the Principal Agreement and its marginal note are omitted
and the following clause and marginal note inserted in their stead:-
''Maintenance of works''.
''25. (1) The Commission may, from time to time declare that any of the
works referred to in clause 20 of this Agreement have been affected by the
construction of the Chowilla Reservoir and have become ineffective for the
purposes of this Agreement, whereupon the Commission may forthwith dismantle
so much of those works as it thinks fit.
(2) The Governments of New South Wales, Victoria and South Australia shall
each maintain the works constructed by them respectively under this Agreement
and keep the same effective for the purpose for which they were respectively
designed, with the exception of those works declared to have become
ineffective in accordance with this clause''.
11. Clause 32 of the Principal Agreement is amended by substituting for the
words ''Nineteen million seven hundred and fifty thousand pounds'' the words
''Thirty-six million pounds.''
12. Clause 44 of the Principal Agreement and its marginal note are omitted
and the following clause and marginal note inserted in their stead:-
''Effectiveness of Chowilla Reservoir.''
''44. At any time after the commencement of the construction of the Chowilla
Dam, the Commission may declare that the Chowilla Reservoir has become
effective for the purposes of this Agreement.''
13. Clause 47 of the Principal Agreement and its marginal note are omitted
and the following clause and marginal note inserted in their stead:-
''Limitation of rights under clauses 45, 46''.
''47. (1) Until such time as the Chowilla Reservoir is declared to have
become effective for the purposes of this Agreement, and except during a
period of restriction declared under clause 51 of this Agreement all rights
under clauses 45 and 46 of this Agreement shall be subject to provision by
each of the States of New South Wales and Victoria from the flow of its
tributaries or from its share of the flow of the River Murray at Albury or
both of its contribution towards maintaining the share allotted by this
Agreement to the State of South Australia, and subject also to sub-clause (1)
of clause 50 of this Agreement.
(2) After the Chowilla Reservoir is declared to have become effective for
the purposes of this Agreement, and except during a period of restriction
declared under clause 51 of this Agreement, when the volume of water in the
Chowilla Reservoir is not sufficient to maintain fully the share allotted by
this Agreement to the State of South Australia, all rights under clauses 45
and 46 of this Agreement shall be subject to the provision by each of the
States of New South Wales and Victoria from the flow of its tributaries or
from its share of the flow of the River Murray at Albury or both of its
contribution towards maintaining the share allotted by this Agreement to the
State of South Australia.''
14. Clause 48 of the Principal Agreement and its marginal note are omitted
and the following clause and marginal note inserted in their stead:-
''Proportion of waters allotted to South Australia to be contributed by New
South Wales and Victoria respectively.''
''48. (1) Until such time as the Chowilla Reservoir is declared to have
become effective for the purposes of this Agreement, and except during a
period of restriction declared under clause 51 of this Agreement, the quantity
of water to be allowed to pass in each month for supply to the State of South
Australia as set out in clause 49 of this Agreement shall be contributed by
the States of New South Wales and Victoria in equal volumes, but these
proportions may be varied in any month by agreement between the Commissioners
representing the States of New South Wales and Victoria.
(2) After the Chowilla Reservoir is declared to have become effective for
the purposes of this Agreement, and except during a period of restriction
declared under clause 51 of this Agreement when the volume of water in the
Chowilla Reservoir is not sufficient to maintain fully the share allotted by
this Agreement to the State of South Australia the quantity of water required
in each month to ensure supply to the State of South Australia under clause 49
of this Agreement shall be contributed by the States of New South Wales and
Victoria in equal volumes, but these proportions may be varied in any month by
agreement between the Commissioners representing the States of New South Wales
and Victoria.''
15. Clause 49 of the Principal Agreement and its marginal note are omitted
and the following clause and marginal note inserted in their stead:-
''Allowance to South Australia.''
''49. Except as provided in clause 51 of this Agreement, the minimum
quantities to be allowed to pass for supply to the State of South Australia at
the outlet of the Chowilla Reservoir or the Lake Victoria outlet, as the case
may be, shall be one hundred and thirty-four thousand acre feet per month
during the months of January, February, November and December; one hundred and
fourteen thousand acre feet per month during the months of March, September
and October; ninety-four thousand acre feet per month during the months of
April, May and August; and forty-seven thousand acre feet per month during the
months of June and July; but, notwithstanding the provisions of this clause,
the Commission may, from time to time, at the request of the Commissioner
representing the State of South Australia, vary any of the monthly quantities
set out in this clause over a specific period subject to the sum of the
quantities passed to the State of South Australia at the outlet of Chowilla
Reservoir or the Lake Victoria outlet, as the case may be, at the request of
that State for any period of twelve months from June to May inclusive not
exceeding one million two hundred and fifty-four thousand acre feet. Monthly
quantities in excess of the monthly quantities stated in this clause, or in
excess of those last-mentioned monthly quantities as varied by the Commission
at the request of the Commissioner representing the State of South Australia,
shall not be included for the purpose of computing the annual delivery to the
State of South Australia.''
16. Clause 50 of the Principal Agreement is amended-
(a) by inserting the symbols and figure ''(1)'' at the commencement of the
clause;
(b) by inserting the words and figures ''paragraph (iia) and those
specified in'' before the words and figures ''paragraph (vi)''; and
(c) by adding the following new sub-clause namely:-
''(2) After the Chowilla Reservoir has been declared to have become
effective for the purposes of this Agreement, the discharge from the Hume
Reservoir and the Chowilla Reservoir shall be regulated to provide a reserve
of water in storage for use in dry years, that reserve to be fixed from time
to time by the Commission and drawn on at the discretion of the Commission,
but the quantity of water so held in reserve shall not be less than two
million four hundred thousand acre feet at the thirtieth day of April in any
year, of which not less than eight hundred thousand acre feet shall be in the
Hume Reservoir unless it is otherwise so decided by the Commission.''
17. Clause 51 of the Principal Agreement and its marginal note are omitted
and the following clause and marginal note inserted in their stead:-
''Drought.''
''51. (1) The Commission may in a year of drought declare a period of
restriction.
(2) Without prejudice to the last preceding sub-clause, the Commission shall
declare a period of restriction-
(a) prior to the Chowilla Reservoir having been declared to have become
effective for the purposes of this Agreement, when the quantity of water held
in the Hume Reservoir and the Lake Victoria Storage falls to one million acre
feet or less, unless the Commission resolves that it is not necessary to do
so; and
(b) after the Chowilla Reservoir has been declared to have become effective
for the purposes of this Agreement, unless the Commission is satisfied that
the quantities of water held in the Hume Reservoir and in the Chowilla
Reservoir will not fall below the respective amounts set out in sub-clause (2)
of clause 50 of this Agreement by the thirtieth day of April then next
ensuing, or unless it resolves that it is not necessary to do so.
(3) When a period of restriction has been declared by the Commission
pursuant to this clause, the Commission may vary the provisions of this
Agreement respecting-
(a) the volumes of water to be held in reserve in the Hume Reservoir and
the Lake Victoria Storage or the Chowilla Reservoir as the case may be; and
(b) the depth of water to be maintained at weirs and weirs and locks
constructed pursuant to this Agreement.
(4) As soon as practicable after a period of restriction has been declared,
and from time to time during that period, the Commission shall-
(a) determine the quantity of water under the control of the Commission;
(b) determine the quantity of water which is to be allowed-
(i) for losses by evaporation, percolation and lockages, other than
losses under sub-paragraph (ii) of this paragraph;
(ii) for losses by evaporation, percolation and lockages in the River
Murray from Lake Victoria or the Chowilla Reservoir as the case may be, to the
mouth of the River Murray but not including Lakes Alexandrina and Albert; and
(iii) for dilution in South Australia;
(c) having regard to its determinations under paragraphs (a) and (b) of
this sub-clause, determine the quantity of water to be made available for use
during each month by the State Contracting Governments.
The quantity determined in accordance with this paragraph is in this clause
referred to as ''the available water.''
(5) For the purposes of this clause ''the water under the control of the
Commission'' means the aggregate of-
(a) the water stored in the Hume Reservoir at the time the Commission makes
its determination;
(b) the water stored in the Lake Victoria Storage or the Chowilla
Reservoir, as the case may be, at the time the Commission makes its
determination;
(c) the water in the weir pools at the time the Commission makes its
determination; and
(d) (i) where the determination is made after the works of the Authority
have been constructed to enable water to be diverted from the Tooma River to
the Adaminaby Storage and the Tumut River but before works of the Authority
have been constructed to enable water so diverted to be replaced by water
diverted from the Snowy River to a stream feeding or joining the River Murray
above Hume Reservoir-the flow during the period of restriction of the River
Murray above the Hume Reservoir and its tributaries above Albury including
waters diverted during the period of restriction from the Tooma River to the
Adaminaby Storage and to the Tumut River by works of the Authority; or
(ii) where the determination is made after works of the Authority have
been constructed to enable water diverted from the Tooma River to the
Adaminaby Storage and to the Tumut River to be replaced by water diverted from
the Snowy River to a stream feeding or joining the River Murray above Hume
Reservoir-the flow during the period of restriction of the River Murray above
the Hume Reservoir and its tributaries above Albury excluding water diverted
from the Tooma River to the Adaminaby Storage and the Tumut River but
including any waters coming into the River Murray and its tributaries above
Albury by reason of the permanent works of the Authority.
(6) (a) (i) During a declared period of restriction prior to the Chowilla
Reservoir having been declared to have become effective for the purposes of
this Agreement, the available water shall be divided between the State
Contracting Governments in the following proportions-
New South Wales . . . . . . . . . . . . one million,
Victoria . . . . . . . . . . . . . . . one million,
South Australia . . . . . . . . . . . . six hundred and three
thousand.
(ii) During a declared period of restriction after the Chowilla Reservoir
has been declared to have become effective for the purposes of this Agreement,
the available water shall be divided between the State Contracting Governments
in equal proportions.
(b) Each of the State Contracting Governments shall be entitled to use each
month from the River Murray (exclusive of its tributaries below Albury) its
monthly share as ascertained under this clause of the available water, but the
quantities used by the States of New South Wales and Victoria may be varied in
any month by agreement between the Commissioners representing those States if
the variation does not affect the share of the State of South Australia.
(7) The States of New South Wales and Victoria shall each have the full use
during a declared period of restriction of all tributaries of the River Murray
within their respective territories below Albury, and shall have the right to
divert, store and use the flows thereof and the right below the confluence
with the River Murray of any such tributary to use each month in a declared
period of restriction from the River Murray, in addition to the share of the
available water to which each of the said States is respectively entitled
under sub-clause (6) of this clause volumes equivalent to those arriving at
the place of diversion during that month as a result of contribution by each
such tributary.
(8) The States of New South Wales and Victoria shall be entitled, during any
month in a declared period of restriction, to use from any portion of the
River Murray below Albury water in excess of the quantity to which they are
entitled under sub-clauses (6) and (7) of this clause provided that a quantity
equal to the excess so used is contributed by the State concerned from a
tributary or tributaries of the River Murray below Albury.
In the exercise of the rights conferred by this sub-clause, neither of those
States shall take additional water to an extent which would prejudice the
rights of either of the other States parties to this Agreement.
Notwithstanding anything to the contrary elsewhere contained in this
Agreement, in the event of disagreement between the Commissioners representing
the States of New South Wales and Victoria as to the quantity of water to be
used or as to the manner in which the contribution by the State concerned is
to be made the matter shall be determined by the Commission by a majority vote
but, if the Commissioners are equally divided, the question shall be decided
by the casting vote of the Commissioner representing the Commonwealth of
Australia.
(9) (a) The total quantity of water to which the State of South Australia is
entitled shall be measured at a point in the River Murray below the confluence
of the Rufus River or, at a time to be decided by the Commission after the
commencement of the construction of the Chowilla Dam, at a point immediately
downstream of that dam.
(b) In addition to its share of the available water, the State of South
Australia shall be entitled to the quantity determined by the Commission
pursuant to sub-paragraphs (ii) and (iii) of paragraph (b) of sub-clause (4)
of this clause.
(10) (a) The States of New South Wales and Victoria shall each have the
right during a period of restriction to divert, store and use the flows of the
tributaries of the River Murray within their respective territories above
Albury subject to deduction from either State's share of the available water
of volumes equivalent to those that that State by its works so diverts, stores
or uses from time to time during the period of restriction.
(b) Either the State of New South Wales or the State of Victoria may allow
to flow into the River Murray from any convenient source a quantity of water
as replacement in whole or in part of the quantity of water diverted by it
pursuant to this sub-clause, and the amount of the deduction to be made
pursuant to the last preceding paragraph shall be reduced by the quantity so
replaced.
(11) The Commission may from time to time, having regard to the volumes of
water in the Hume Reservoir and the Lake Victoria Storage or the Chowilla
Reservoir as the case may be, the time of the year, the requirements for
irrigation in each of the States and any other relevant circumstances, vary by
declaration for a period not exceeding six months at any one time the
proportions set out in paragraphs (a) and (b) of sub-clause (6) of this
clause.
(12) During any month in a declared period of restriction, if the Commission
decides that the flow or prospective flow of the River Murray downstream of
its junction with the Great Ana Branch of the Darling River is, or will be, in
excess of the sum of-
(a) the quantities which are necessary to supply the allocation to the
State of South Australia under sub-clause (6) of this clause; and
(b) any quantities which, in the opinion of the Commission, ought to be
impounded in any storage below the said junction controlled by the Commission
with the object of filling all such storages at some time before the end of
the ensuing June,
the State of South Australia may use that excess in addition to the quantity
of water to which it is entitled under sub-clause (6) of this clause.
(13) The provisions of this Part other than this clause shall not, except as
in this sub-clause provided, operate during a declared period of restriction.
The provisions of clause 50 of this Agreement shall continue in force during
a declared period of restriction but may be modified as provided in this
clause.
The provisions of paragraph (b) of sub-clause (3) of clause 45 of this
Agreement shall have effect during a declared period of restriction.''
18. The heading of Part VIII and clause 54 of the Principal Agreement and
the marginal note to that clause are omitted and the following heading, clause
and marginal note inserted in their stead:-
''VIII. Lake Victoria and Chowilla Reservoir Works
''Construction to be facilitated.''
''54. The States of New South Wales and Victoria, so far as they can do so
and may be necessary in pursuance of this Agreement, will authorize and
facilitate the construction and maintenance by the State of South Australia
and the use by the Commission of the Lake Victoria and the Chowilla Reservoir
works mentioned and described in this Agreement.''
19. Clause 58 of the Principal Agreement and its marginal note are omitted
and the following clause and marginal note inserted in their stead:-
''Arbitration.''
''58. If a difference of opinion arises among the Commissioners on any
question, not being a question of law or prescribed as formal business, that
question, unless the Commissioners concur within two months after submission
by a Commissioner of a resolution thereon, shall, as provided in this clause,
be referred for decision to an arbitrator, who shall be appointed by the
Contracting Governments.
A Contracting Government may give to the other Contracting Governments
written notice to concur in the appointment of an arbitrator and to refer that
question to that arbitrator for decision.
If the appointment be not made within two months after the giving of that
notice the Chief Justice of the Supreme Court of Tasmania or other the person
for the time being discharging the duties of that office may, at the request
of that Contracting Government, appoint an arbitrator, who shall have the like
powers to act in the reference to decide the question as if he had been
appointed by the Contracting Governments.
The decision of an arbitrator appointed to decide the question shall be
binding on the Commission and the Contracting Governments and shall be deemed
to be the opinion of the Commission.''
20. The marginal notes set out in the second column of the Schedule to this
agreement are added to, or substituted for the existing marginal notes to, the
respective clauses of the Principal Agreement specified in the first column of
the said Schedule against which they appear.
THE SCHEDULE
Clause of Principal Marginal note to be added or substituted
Agreement
28A. ''Protection of catchment of Hume Reservoir.''
28B. ''Commission may initiate proposals.''
33. ''Apportionment of cost of maintenance.''
50. ''Reserves.''
60A. ''Reconciliation with Snowy Mountains Agreement.''
61. ''Interpretation.''
IN WITNESS whereof the said parties to these presents have hereunto set
their hands and seals the day and year first above-written.
SIGNED SEALED AND DELIVERED by the above-named SIR ROBERT GORDON MENZIES in
the presence of-
W. SPOONER,
Minister of State for National Development.
ROBERT G. MENZIES
(L.S.)
SIGNED SEALED AND DELIVERED by the above-named ROBERT JAMES HEFFRON in the
presence of-
K. COMMENS R. J. HEFFRON
(L.S.)
SIGNED SEALED AND DELIVERED by the above-named HENRY EDWARD BOLTE in the
presence of-
THOMAS F. MORNANE HENRY E. BOLTE
(L.S.)
SIGNED SEALED AND DELIVERED by the above-named SIR THOMAS PLAYFORD in the
presence of-
J. C. WHITE T. PLAYFORD
(L.S.)
-----------
RIVER MURRAY WATERS ACT 1915-1973 - THE EIGHTH SCHEDULE
SCH
Added by No. 6, 1970, s. 6.
THE EIGHTH SCHEDULE
THE SIXTH FURTHER AMENDING AGREEMENT
AN AGREEMENT made the twenty-sixth day of February One thousand nine hundred
and seventy between The Right Honourable John Grey Gorton, Prime Minister of
the Commonwealth of Australia for and on behalf of the Commonwealth of
Australia of the first part, The Honourable Robin William Askin, Premier of
the State of New South Wales for and on behalf of that State, of the second
part, The Honourable Sir Henry Edward Bolte, Premier of the State of Victoria
for and on behalf of that State, of the third part and The Honourable Raymond
Steele Hall, Premier of the State of South Australia for and on behalf of that
State, of the fourth part:
WHEREAS on the ninth day of September One thousand nine hundred and fourteen
an agreement was entered into by the Prime Minister of the Commonwealth of
Australia and the Premiers of the States of New South Wales, Victoria and
South Australia with regard to the economical use of the waters of the River
Murray and its tributaries for irrigation and navigation and to the
reconciling of the interest of the Commonwealth of Australia and the said
States, which agreement was ratified by the Parliament of the Commonwealth of
Australia and the Parliaments of the said States and is in this Agreement
referred to as ''the Principal Agreement'':
AND WHEREAS by further agreements dated the tenth day of August One thousand
nine hundred and twenty-three, the twenty-third day of July One thousand nine
hundred and thirty-four, the twenty-sixth day of November One thousand nine
hundred and forty-eight, the second day of November One thousand nine hundred
and fifty-four, the eleventh day of September One thousand nine hundred and
fifty-eight and the eighth day of October One thousand nine hundred and
sixty-three (in this Agreement respectively referred to as ''the first
Amending Agreement'', ''the second Amending Agreement'', ''the third Amending
Agreement'', ''the fourth Amending Agreement'', ''the fifth Amending
Agreement'' and ''the sixth Amending Agreement'') all made between the Prime
Minister of the Commonwealth of Australia and the Premiers of the States of
New South Wales, Victoria and South Australia certain provisions of the
Principal Agreement were modified:
AND WHEREAS the first Amending Agreement, the second Amending Agreement, the
third Amending Agreement, the fourth Amending Agreement, the fifth Amending
Agreement and the sixth Amending Agreement were all subsequently ratified by
the Parliament of the Commonwealth of Australia and by the Parliaments of the
said States:
NOW IT IS HEREBY FURTHER AGREED as follows:-
I. RATIFICATION AND ENFORCEMENT
1. This Agreement, other than clause 2, is subject to ratification by the
Parliaments of the Commonwealth of Australia and of the States of New South
Wales, Victoria and South Australia, and shall come into effect when so
ratified.
2. The Contracting Governments hereby agree to submit this Agreement for
ratification to the respective Parliaments of the Commonwealth of Australia
and of the said States during the present or next following sitting of any
such Parliament or if any such Parliament is not sitting at the date of this
Agreement then at the first or next following sitting of such Parliament held
after the date of this Agreement.
3. Each of the Contracting Governments so far as its jurisdiction extends
and so far as it may be necessary shall provide for or secure the execution
and enforcement of the provisions of this Agreement and any Acts ratifying
it.
4. On and after the date on which this Agreement comes into effect, the
Principal Agreement, as amended by the first Amending Agreement, the second
Amending Agreement, the third Amending Agreement, the fourth Amending
Agreement, the fifth Amending Agreement and the sixth Amending Agreement,
shall be read and construed as if the amendments made by this Agreement were
incorporated in the Principal Agreement as so amended.
II. AMENDMENT OF PRINCIPAL AGREEMENT AS AMENDED BY FIRST, SECOND,
THIRD, FOURTH, FIFTH AND SIXTH AMENDING AGREEMENTS
4A. In this part of this Agreement, ''the Agreement'' means the Principal
Agreement as amended by the first, second, third, fourth, fifth and sixth
Amending Agreements.
5. After Clause 11 of the Agreement the following clause and marginal note
are inserted:-
Indemnity of officers and servants.
''11A. (1) The Contracting Governments shall indemnify the officers and
servants of the Commission in respect of any claims against them or any of
them not occasioned by their negligence or wilful misconduct, arising out of
the bona fide execution of their duties as officers and servants of the
Commission.
(2) Any payments made pursuant to this clause shall be borne by the
Contracting Governments in equal shares.''
6. Clause 15 of the Agreement is omitted.
7. Clause 16 of the Agreement is omitted.
8. Clause 19 of the Agreement is amended by inserting after paragraph (iii)
the following paragraph:-
''(iv) shall when appropriate determine the time and manner of disposal of
surplus assets acquired with funds made available by the Commission.''
9. After Clause 19 of the Agreement the following clause and marginal note
are inserted:-
Delegation.
''19A. (1) The Commission may either generally or in relation to a matter or
class of matters by resolution of the Commission delegate to the Commissioner
or the Deputy Commissioner appointed by the Governor-General or an officer any
of its powers under this Agreement (except this power of delegation).
(2) A delegation under this Agreement is revocable at will and no delegation
prevents the exercise of any power by the Commission.''
10. Clause 20 of the Agreement is amended-
(a) by deleting in paragraph (ii) all words after the words ''Lake
Victoria'' and inserting in their stead the words ''with inlet and outlet
works that are of a size that will, in the opinion of the Contracting
Governments, ensure the effectiveness of the system of storage in the
regulation of the River Murray (including operations after the Dartmouth
Reservoir has become effective for the purpose of this Agreement)''.
(b) by inserting after paragraph (iia) the following paragraph:-
''(iib) the provision of a storage (in this Agreement referred to as 'the
Dartmouth Reservoir') on the Mitta Mitta River upstream of Dartmouth with an
active capacity of approximately three million acre feet of water, at an
estimated cost of Fifty-seven million dollars;'' and
(c) by inserting in paragraph (vi) after the words ''those two points'' the
words ''and on the River Murray between the Hume Reservoir and the upstream
limit of the water impounded by Yarrawonga Weir''.
11. Clause 21 of the Agreement is amended-
(a) by adding at the end of the clause the words ''The works for the
Dartmouth Reservoir shall be constructed by the Government of Victoria''; and
(b) by substituting for the marginal note the following marginal note
''Construction of Works''.
12. Clause 23 of the Agreement is amended-
(a) by deleting the words ''designs and estimates of such work'', and
inserting in their stead the words ''the necessary designs specifications and
estimates of such work.'';
(b) by adding the words ''and specifications'' after the word ''designs''
at the end of the second paragraph;
(c) by adding the word ''specifications'' after the word ''designs''
wherever else occurring; and
(d) by adding after the second paragraph the following paragraph-
''The Commission shall furnish information to the Contracting Governments
in relation to the design and construction of any work estimated to cost more
than Five hundred thousand dollars and work shall not proceed unless the
Contracting Governments are satisfied that the design and construction of such
work are in accordance with the purposes for which the work was proposed. For
the purposes of this paragraph 'design' means general design which illustrates
the nature and extent of the work and 'construction' implies construction in
accordance with the said design.''
13. Clause 24 of the Agreement is amended-
(a) by adding at the end of the clause the words ''However, completion of
the construction of the Chowilla Reservoir shall be deferred until the
Contracting Governments agree that the work shall proceed. Furthermore, in the
case of any work for which the estimated cost at the time of approval exceeds
Five hundred thousand dollars, if a revised estimated cost rises more than ten
per centum above the estimated cost at the time the work was approved, the
Commission shall forthwith notify the Contracting Governments accordingly and
shall direct the Constructing Authority to suspend further work unless the
Contracting Governments have within six months of the Commission's
notification agreed to proceed.''; and
(b) by deleting from the marginal note the word ''continuous''.
14. Clause 25 of the Agreement is amended by substituting for sub-clause (1)
the following sub-clause:-
''(1) The Commission may from time to time declare that any of the works
referred to in clause 20 of this Agreement have become ineffective for the
purposes of this Agreement, whereupon the Commission may request a State
Contracting Government to dismantle so much of those works as the Commission
thinks fit.''
15. Clause 27 of the Agreement is amended by inserting after the words ''by
such Government'' the words ''in accordance with procedures laid down by the
Commission''.
16. Clause 28 of the Agreement is amended-
(a) by omitting the words ''the Commission shall have full power to give
directions to secure the uniformity stability and durability of works and to
order and direct-'' and inserting in their stead the words ''The Commission
shall have full power to give directions to ensure the efficient construction
and required performance of the works and to order and direct-''; and
(b) by adding at the end of the clause the words ''Furthermore, in the case
of works estimated to cost more than Five hundred thousand dollars the
Constructing Authority shall obtain the approval of the Commission for the
acceptance of any tender exceeding Five hundred thousand dollars, and the
approval of the Commission shall not be given without the approval of the
Contracting Governments.''.
17. Sub-clause (1) of Clause 28 (B) is amended by omitting the words ''by
the Constructing Authorities''.
18. Clause 30 of the Agreement is amended by omitting the marginal note and
inserting in its stead the marginal note ''Works for benefit of State
Contracting Governments''.
19. Clause 32 of the Agreement is amended by omitting the words ''is
estimated at Seventy-two million dollars and''.
20. Clause 34 of the Agreement is amended by omitting the words ''the same
to'' wherever occurring and inserting in their stead the words ''so much of
the same as is required by''.
21. Clause 44 of the Agreement is amended by omitting-
(a) the words ''the Chowilla Dam'' and inserting in their stead the words
''any particular work or works provided for under Clause 20 of this
Agreement'';
(b) the words ''that the Chowilla Reservoir has become'' and inserting
after the word ''declare'' the words ''that work or those works to be''; and
(c) from the marginal note the words ''Chowilla Reservoir'' and inserting
in their stead the word ''Work''.
22. After Clause 45 of the Agreement the following clause is inserted-
''45A. Unless otherwise directed by the Commission-
(a) the flow passing Torrumbarry Weir shall as far as possible be regulated
so as to prevent salinity in the river water at Swan Hill exceeding three
hundred parts per million total dissolved solids, but such flow shall not be
required to exceed One thousand six hundred cusecs except when needed to meet
downstream water requirements; and
(b) the flow passing Euston Weir shall as far as possible be regulated so
as to prevent salinity in the river water at Merbein exceeding three hundred
parts per million total dissolved solids, but such flow shall not be required
to exceed One thousand cusecs plus the combined diversion requirements of the
pumping districts of Red Cliffs, First Mildura Irrigation Trust, Merbein,
Coomealla and Curlwaa except when needed to meet downstream water
requirements.''
23. Clause 46 of the Agreement is amended by inserting-
(a) at the beginning the words ''(1) Except as provided for in Clause 60B
hereof and subject to sub-clause (2) of this clause''; and
(b) at the end of the sub-clause the following sub-clause:-
''(2) After the Dartmouth Reservoir is declared to have become effective
and except in a year during which there is a period of restriction declared
under Clause 51 of this Agreement the State of Victoria agrees to cede to the
State of New South Wales the right to use Forty-five thousand acre feet
annually of water contributed to the River Murray below Albury by Victorian
tributaries.''
24. Clause 49 of the Agreement is deleted and the following clause inserted
in its stead:-
''49. (1) The total quantity of water to which the State of South Australia
is entitled shall be measured at a point in the River Murray immediately below
the confluence of the Rufus River, or, at a time to be decided by the
Commission after the commencement of the construction of the Chowilla Dam, at
a point immediately downstream of that dam.
(2) Except as provided in Clause 51 of this Agreement the minimum monthly
quantities of water to be allowed to pass for supply to the State of South
Australia shall be as scheduled in sub-clauses (3) and (4) of this clause,
provided that the Commission may, from time to time, at the request of the
Commissioner representing the State of South Australia, vary any of the
monthly quantities set out in sub-clauses (3) and (4) over a specific period
subject to the sum of the quantities passed to the State of South Australia at
the request of that State for any year not exceeding the sum of the monthly
quantities shown in the appropriate part of sub-clauses (3) and (4). Monthly
quantities in excess of the monthly quantities stated in sub-clauses (3) and
(4), or in excess of those last mentioned monthly quantities as varied by the
Commission at the request of the Commissioner representing the State of South
Australia, shall not be included for the purpose of computing the annual
delivery to the State of South Australia.
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